Holly Cairns (Cork South West, Social Democrats)
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288. To ask the Minister for Housing, Planning, and Local Government the steps he is taking to ensure that local authorities take in charge housing estates from private developers in a timely manner once all works are complete; and if he will make a statement on the matter. [14878/23]

Kieran O'Donnell (Limerick City, Fine Gael)
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Under section 180(1) of the Planning and Development Act 2000, as amended (the Act), where a development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, by the majority of the owners of the houses involved, not later than 6 months after being so requested, initiate the procedures under section 11 of the Roads Act,1993.

This is subject to section 180(3) of the Act where a planning authority may hold a plebiscite to ascertain the wishes of the owners of the houses.

The taking in charge process requires a declaration of a public road under section 11 of the Roads Act 1993, as amended, this marks the formal completion of the taking in charge process following a proposal by the executive, and is a reserved function of the elected members of a local authority.

Therefore, ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities and elected members to consider on a case by case basis.

Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

Niall Collins (Limerick County, Fianna Fail)
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289. To ask the Minister for Housing, Planning, and Local Government if he will advise on a matter raised in correspondence (details supplied); and if he will make a statement on the matter. [14961/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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As part of the conditions associated with the Vacant Property Refurbishment Grant, there is a requirement that the applicant(s) will live in the qualifying property for a period of at least five years from the date of payment of the Grant. If at any time they sell the property or it ceases to be their principal private residence within ten years, they must reimburse the local authority an element of the full value of the Grant, as follows:

- Up to 5 Years – 100% of the monetary amount of the Grant

- Over 5 Years and less than or equal to 10 years – 75% of the monetary amount of the Grant

- Over 10 Years – No Clawback

An agreement must be concluded between the local authority and the applicant which contains the clawback agreement, including a charge on the property, which shall be binding on the applicant upon drawdown of the grant. The charge secures the local authority’s interest in the property. The charge document is not concluded until works are complete and prior to the grant issuing.

Where the applicant has a mortgage in relation to the property, the bank’s charge will always rank in priority.

My Department has engaged with the Banking and Payments Federation Ireland with regard to the operation of the grant and to ensure that there are no issues for applicants who are applying for the Vacant Property Refurbishment Grant.